EEA1 - Unmarried Partner (Spanish & Bulgarian)

Hello everybody,

I have decided to comment my situation because maybe some could find it useful. Any comments is welcome.

Who
Male: Spanish (EEA Treaty Right) - With a Permanent Jobs in UK
Female: Bulgarian (It is in the EEA but with restrictions.
Status: Unmarried partner (8 years, 2.5 year living together)

Problem:
She cannot work in UK because Bulgarian and Romanian need a job before get the right to work in UK ( absurd...)

Current Solution:
Register the male (Spanish) in UK using the EEA1 and add as a family member (unmarried partner) his girlfriend.
Adding to the EEA1 form everything: Bills together, house rent contract, photos, external declarations, payslips, etc,etc

Status
Send EAA1 Form: 16/03/12
HO received: 19/03/12
COA received: Waiting
RC: Waiting

Expectations
Received the COA as soon as possible which allows the girlfriend (Bulgarian) to work in UK as Architect. A lot of post say we should have the COA in 3-4 weeks. Cross fingers.....

Any suggestions? Tip? Idea?

Thank you.

You will both get a registration certificate. It is meant to be issued immediately.

It would be easier to prove the familial link if you were married rather than partners. Nonetheless with two years' co-habitation it should be easy to demonstrate.

Thank for the replay. Cross fingers.

We are a little tired, too much waiting. After calling million of time (too many pounds) we finally found someone how give us all the answers.

Firstly we went to a advisor, he almost send us to Spain to speak with the UK embassy there. Then after a few call to HO they told us to apply for the BR1 (Burlgarian and Rumanian). We waited two month for a personal appointment at Croidon Office. When we went there, they refused the application because I am not register in UK, at least the agent told me too apply for EEA1 (I don´t need it to work in UK) BUT add to my girlfriend as unmarried partner. And now... we are waiting

As far as I know, when they issue the COA my girlfriend could work in UK (that is what we are trying to get).

And yes, we have been living together for Two years in Spain and 8 months in UK. We provided everything: Photos, bills, rent contract, bank statements, pictures, recommendations letters XD

A few questions:
We don´t have to way for the RC, right? With the COA should be enough to allow my girlfriend work in UK, doesn´t it?.
The agent at Croidon Office told us in 15 days our paper will be resolved, but I didn´t believe him. I read about six month million of times.
Is there any mail to ask about how the application is going? When I can start the fist email?

Thank you very much.

PS: If anyone is in our same or similar situation, feel free to ask anything

An EU national will not get a residence card. That is for non-EEA national family members. As Bulgarians are EU nationals, that will not be issued to them. Have you read the guidance document?

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

EUsmileWEallsmile wrote:An EU national will not get a residence card. That is for non-EEA national family members. As Bulgarians are EU nationals, that will not be issued to them. Have you read the guidance document?

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

We have read everything (included the Bulgarian guidance, several times), I told around 10 different people (advisor + HO).

At the end the only thing we want is a work permit for my girlfriend. We applied for EEA1 to get that as a unmarried partner as I said before, that was the last suggestion from the HO. We really don´t care if they call it RC of whatever.

We are a little tired, that is all

PS: When I wrote RC I meant "registration certificate" no "Resident Card"

EUsmileWEallsmile wrote:An EU national will not get a residence card. That is for non-EEA national family members. As Bulgarians are EU nationals, that will not be issued to them. Have you read the guidance document?

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

when the BR1 was in draft, i asked what about OFM's? the guidance still doesn't address it huh?

I do hope that you are viewed as the couple that you obviously are and not individually, which they can do, which will make working more difficult for your girlfriend, i guess depending on the HO response will determine which way you go with it, I can understand your being tired, being EU but not fully EU makes life difficult for all A2's.

At the end the real problem is no one knows the real answer. Our case is a little weird (I think) so it doesn´t fit in a particular place. The last time in HO the told us about this option and now the only think we can do is wait

walterlTrapa wrote:At the end the real problem is no one knows the real answer. Our case is a little weird (I think) so it doesn´t fit in a particular place. The last time in HO the told us about this option and now the only think we can do is wait

you don't fit in a neat little box, your girlfriend is an OFM, but is also EU so has her own treaty rights, albeit restricted, not every situation was (or could?) be envisaged when the directive was drafted? and of course the Commission preference is that A2's would be treated equally.....

I agree that you are just going to have to wait, as i said, when you know which way the HO are going, you will know what you can and want to do from there

its the time scale if you have to fight a decsion,,,,, takes too long, often the situation has changed naturally by the time a resolution is reached,

walterlTrapa wrote:

EUsmileWEallsmile wrote:An EU national will not get a residence card. That is for non-EEA national family members. As Bulgarians are EU nationals, that will not be issued to them. Have you read the guidance document?

http://www.ukba.homeoffice.gov.uk/sitec ... omania0408

We have read everything (included the Bulgarian guidance, several times), I told around 10 different people (advisor + HO).

At the end the only thing we want is a work permit for my girlfriend. We applied for EEA1 to get that as a unmarried partner as I said before, that was the last suggestion from the HO. We really don´t care if they call it RC of whatever.

We are a little tired, that is all :)

PS: When I wrote RC I meant "registration certificate" no "Resident Card" :P

Ok, understand what you meant.

MelC wrote:

walterlTrapa wrote:At the end the real problem is no one knows the real answer. Our case is a little weird (I think) so it doesn´t fit in a particular place. The last time in HO the told us about this option and now the only think we can do is wait

:(

you don't fit in a neat little box, your girlfriend is an OFM, but is also EU so has her own treaty rights, albeit restricted, not every situation was (or could?) be envisaged when the directive was drafted? and of course the Commission preference is that A2's would be treated equally.....

I agree that you are just going to have to wait, as i said, when you know which way the HO are going, you will know what you can and want to do from there

its the time scale if you have to fight a decsion,,,,, takes too long, often the situation has changed naturally by the time a resolution is reached,

If the OP's durable partner was not an EU national, they would qualify for a residence card. I can't see how an A2 would be disadvantaged if they are seen to be a durable partner.

Mel - I've some questions for you. If you don't mind, could you review your PMs?

Thank you both for all the comments.

I have one question more...

When could I sent an email to LiverpoolEuro.PassportReturns@homeoffice.gsi.gov.uk asking about how it is going?

Or it is better if I don´t do anything? It is because I have seen a lot of people asking for the COA and after almost 8 month we are a little desperate.

Thank you again.

PS: what does OFM mean?

If the non-married partner was non-EU (e.g. from USA), then they would not be allowed to work until the RC has been processed and issued. The COA only allows work for direct family members.

I would guess the same would apply for Bulgarians.

It is because I have seen a lot of people asking for the COA and after almost 8 month we are a little desperate.

Why do you say 8 months? I thought she applied a month ago?

OTM is other family member.

It's well worth reading article 3 (see link)

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:es:PDF

The application should take no more than a month I would say. It's coming up for that now. Your registration certificate should be issued immediately.

I have tried to lay out

direct "traditional" family member: http://eumovement.wordpress.com/2008/04 ... ly-member/

OFM:
http://eumovement.wordpress.com/2008/04 ... ficiaries/

Directive/2004/38/EC wrote:If the non-married partner was non-EU (e.g. from USA), then they would not be allowed to work until the RC has been processed and issued. The COA only allows work for direct family members.

I would guess the same would apply for Bulgarians.

It is because I have seen a lot of people asking for the COA and after almost 8 month we are a little desperate.

Why do you say 8 months? I thought she applied a month ago?

I said 8 months because it was when we started to get all the info. As I said before, we went to see an advisor. After a few interview we started to call to OH. They told us to apply for BR1 as she is Bulgarian and add myself as sponsor in the application. We get an premium appointment (millions of calls and wasting a lot of time to get it as the only way is online). When we got the appointment we were to Croidon with all the papers BUT they said I have to be register here to sponsored here ( register as EEA1 or as settler, the last one means 5 years living here).

The final solution, coming form the OH Croidon office that day, was applied for the EEA1 myself and added her as unmarried partner (in the EEA1 accept that option).

We still don´t know if that was a real solution as we applied for the EEA1 one month ago.

I understand I will get a Resident certificate ( I really don´t need it), our doubt is if my girlfriend could work after that... She almost has a job as architect and it is a little desperately.

May be at the end of this week I would sent an email asking about how it is going the process (At least if anyone tells me that is a bad idea)


Thank you again everybody

Is there any problem with her first finding a job (as an architect), and then registering as a Bulgarian worker?

As a personal note, there is a couple who lives in my building, with a similar combo of citizenships: She is Bulgarian and he is Portuguese.

I believe there are two options.

Use BR1 form or EEA1 form, and apply for a registration Certificate.

Provide sufficient evidence of a durable relationship.

If application succeed, then she will have the right to full time employment..

walterlTrapa wrote:

Directive/2004/38/EC wrote:If the non-married partner was non-EU (e.g. from USA), then they would not be allowed to work until the RC has been processed and issued. The COA only allows work for direct family members.

I would guess the same would apply for Bulgarians.

It is because I have seen a lot of people asking for the COA and after almost 8 month we are a little desperate.

Why do you say 8 months? I thought she applied a month ago?

I said 8 months because it was when we started to get all the info. As I said before, we went to see an advisor. After a few interview we started to call to OH. They told us to apply for BR1 as she is Bulgarian and add myself as sponsor in the application. We get an premium appointment (millions of calls and wasting a lot of time to get it as the only way is online). When we got the appointment we were to Croidon with all the papers BUT they said I have to be register here to sponsored here ( register as EEA1 or as settler, the last one means 5 years living here).

The final solution, coming form the OH Croidon office that day, was applied for the EEA1 myself and added her as unmarried partner (in the EEA1 accept that option).

We still don´t know if that was a real solution as we applied for the EEA1 one month ago.

I understand I will get a Resident certificate ( I really don´t need it), our doubt is if my girlfriend could work after that... She almost has a job as architect and it is a little desperately.

May be at the end of this week I would sent an email asking about how it is going the process (At least if anyone tells me that is a bad idea)


Thank you again everybody :)

By all means send an email if lack of a registration card is causing you hardship.

Obie wrote:I believe there are two options.

Use BR1 form or EEA1 form, and apply for a registration Certificate.

Provide sufficient evidence of a durable relationship.

If application succeed, then she will have the right to full time employment..

I think in this case, the OP has already made the applications now.

Directive/2004/38/EC wrote:Is there any problem with her first finding a job (as an architect), and then registering as a Bulgarian worker?

As a personal note, there is a couple who lives in my building, with a similar combo of citizenships: She is Bulgarian and he is Portuguese.

An employer is not allowed to employ an A2 without a permission. They could offer them a job I suppose, but they can't start work.

http://www.ukba.homeoffice.gov.uk/sitec ... nroman0408

EUsmileWEallsmile wrote:

Directive/2004/38/EC wrote:Is there any problem with her first finding a job (as an architect), and then registering as a Bulgarian worker?

As a personal note, there is a couple who lives in my building, with a similar combo of citizenships: She is Bulgarian and he is Portuguese.

An employer is not allowed to employ an A2 without a permission. They could offer them a job I suppose, but they can't start work.

http://www.ukba.homeoffice.gov.uk/sitec ... nroman0408

Yep, A2 can find a job from his countries (the law only allow them to stay in UK for 6 months). If the find a job, then they have to apply for BR1 telling someone wants to hire them but they CANNOT work until the BR1 is issued.

So... no one is going to hire someone who has to wait 3-6 month to get the final Work Permit.

Well, we are going to wait for one week before sending the email. We don´t thing we are going to have any problem but... who knows. Cross fingers.

There is an other option. A2 nationals can be self-employed without a work permit. It is pretty common in the UK for professionals such as architects to work on a self-employed basis.

EUsmileWEallsmile wrote:There is an other option. A2 nationals can be self-employed without a work permit. It is pretty common in the UK for professionals such as architects to work on a self-employed basis.

Yep we already know it. But it is not easy get a job as Architect. At the beginning the type of job it doesn´t matter, only paying the rent or at least doing something with the time

Thank you for the comment anyway.

Having made you application, hopefully you'll have an answer soon.

I sent an email yesterday at 13:00 to Liverpool.....

we will see if they answer..